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12/15/1997-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, DECEMBER 159 1997 7:00 P.M. COUNCIL ROOM = 201 BOLIVAR 1. Call Meeting to Order, Invocation, Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes b) Disbursements 3. Citizens Input. 4. Consider and Possible Action on Adoption of Annexation Ordinance No. 17-97 and Service Plan of a certain tract or tracts of land as described below: BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 204, DENTON COUNTY, TEXAS BEING 12.6408 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 205, DENTON COUNTY, TEXAS BEING 12.64 ACRES OF LAND, SUBJECT TRACT BEING LOCATED OFF DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 206, DENTON COUNTY, TEXAS BEING 0.918 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 207, DENTON COUNTY, TEXAS BEING 0.808 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A = TRACT 208, DENTON COUNTY, TEXAS BEING 2.348 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE DOUBLE TWINS ADDITION, PHASE 2, LOT 1, DENTON COUNTY, TEXAS, SUBJECT TRACT BEING LOCATED AT 808 N. KEATON, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - PART OF TRACT 45, DENTON COUNTY, TEXAS BEING 0.650 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 4799 BELZ ROAD, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE McKINNEY WILLIAM SURVEY, ABSTRACT 940A = TRACT 7, DENTON COUNTY, TEXAS BEING 2.00 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1200 COWLING ROAD. CC AGENDA [2/15/97 PAGE 2 BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71 BURLESON - TRACT 7, DENTON COUNTY, TEXAS BEING 22.11 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1201 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71 BURLESON - TRACT 26, DENTON COUNTY, TEXAS BEING 29,051 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1901 S. STEMMONS. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 940 McKINNEY & WILLIAMS - TRACT 5A (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 3.93 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1012 COWLING ROAD$ 5. Consider and Possible Action Regarding Texas Waste Management Rate Increase. 6. Executive Session Pursuant to the Open Meetings Law, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in Accordance with the Authority Contained in Govt. Code Section 551,072 Deliberation Regarding Real Property. a) Consider Sale and/or Lease of Real Property. 7. Reconvene into Regular Session and Consider Action, if any, on the above item. 8. Any Other Such Matters. 9. Adjourn. Rosalie Chavez, City Date and Time Posted MINUTES: City Council December 1, 1997 PRESENT: Mayor John Coker, Councilman Tommy Kincaid, Councilwoman Alice Madden, Councilman Mike James, Councilman Jimmy Frazier, Councilman Jerry Jenkins OTHERS PRESENT: City Administrator Larry Keesler, City Secretary Rosalie Chavez, Street Superintendent Chuck Tucker, Water/Wastewater Superintendent Eddie Branham, Electric Superintendent Jeff Morris, Chief of Police Benny Erwin, City Mechanic Tommy Belcher, Bob Stemweg, Jayne Ashcraft, Curtis Gilley, Julia Beavers, Judy Webster, Katie Webster, Tony Tipton, Ralph Amyx, Joe Powell, Will Gilley, Lisa Hardy - Sanger Courier 1. Mayor Coker Called the Meeting to Order. Councilwoman Madden led the Invocation, followed by Councilman Kincaid leading the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes b) Disbursements Motion was made by Councilman Jenkins that all items on Consent Agenda be approved. Seconded by Councilman Kincaid. Motion Carried unanimously. 3. Citizens Input. None. 4. Consider and Possible Action Regarding Request from Parks Board. Julia Beavers, from the Parks Board, addressed this item. Mrs. Beavers gave a summary of the history in regards to the new ball park. She indicated they were misinformed from prior City Management as to the grant application; therefore, all their donated money was spent at the park prior to applying for the grant. Mrs. Beavers indicated that all the money that has been spent at the park has been far a good cause. The kids can play at the ball field. The parks board wants to continue to work at ball field, and that is why they are recommending adding a $1.00 on to the utilities to go toward the Park Fund. This issue was discussed at length. Council's concerns were the reactions of the residents that had to pay this additional fee on their bill. Councilman Jenkins CC MINUTES 12/O1/97 PAGE 2 indicated that this would be forcing customers to pay without them having any interest in the park. Mrs. Beavers proceeded to advise that the Park was not just for baseball fields. This is not the intent of the Parks Board. There will be walking/wheelchair trail, tennis courts, picnic area, playground area and future developments for parks improvements. Mr. Keesler explained if the City received the grant and was funded the City had 3 years to complete the project and match the funds. The money needs to be set aside now to prepare the City from having to match the funds in the three year period. Councilman James expressed opposition to the $1.00 increase. Mrs. Beavers further stated the Board does plan to go to Bolivar Water to see if they would participate. Mrs. Beavers indicated they are attending their January board meeting. Mr. Gilley expressed his concerns for the need to continue with this project. He indicated there is no recreation in Sanger for his kids. Lengthy discussion followed. Another issue addressed was writing the residents in Sanger to request voluntary contributions. Mayor Coker recommended to the Board that they contact the school and Bolivar to see if they are willing to participate. 5. Conduct Second Public Hearing on Annexation of a certain tract or tracts of land as described below: BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A -TRACT 204, DENTON COUNTY, TEXAS BEING 12,6408 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 205, DENTON COUNTY, TEXAS BEING 12.64 ACRES OF LAND, SUBJECT TRACT BEING LOCATED OFF DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A on TRACT 206, DENTON COUNTY, TEXAS BEING 0.918 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. CC MINUTES 12/01/97 PAGE 3 BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 207, DENTON COUNTY, TEXAS BEING 0.808 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 208, DENTON COUNTY, TEXAS BEING 2.348 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 66, DENTON COUNTY, TEXAS BEING 7.494 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT HOLT ROAD AND KEATON ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241, - TRACT 65A, DENTON COUNTY, TEXAS BEING 41,6488 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT HOLT ROAD AND KEATON ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE DOUBLE TWINS ADDITION, PHASE 2, LOT 1, DENTON COUNTY, TEXAS, SUBJECT TRACT BEING LOCATED AT 808 N. KEATON. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - PART OF TRACT 45, DENTON COUNTY, TEXAS BEING 0.650 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 4799 BELZ ROAD, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE McKINNEY WILLIAM SURVEY, ABSTRACT 940A - TRACT 7, DENTON COUNTY, TEXAS BEING 2.00 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1200 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71 BURLESON - TRACT 7, DENTON COUNTY, TEXAS BEING 22.11 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1201 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71 BURLESON - TRACT 26, DENTON COUNTY, TEXAS BEING 29.051 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1901 S. STEMMONS. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71 BURLESON - TRACT 4A, DENTON COUNTY, TEXAS BEING 1.324 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1012 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 940 McKINNEY & WILLIAMS - TRACT 5A (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 3.93 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1012 COWLING ROAD. CC MINUTES 12/O1/97 PAGE 4 BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 940 McKINNEY & WILLIAMS - TRACT 6 (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 2.372 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1010 COWLING ROAD. Mayor Coker Declared Public Hearing Opened. Mr. Amyx again expressed opposition to the annexation. He indicated he had not problem if the City would just take the barn. Mrs. Millar also expressed her opposition. She also indicated if the City would consider just taking the area where her house is located. Mrs. Millar indicated she did have a survey on the property where the house is located which includes 3 acres. Mr. McBayer, owner of Abstract 1241 Tract 205, expressed his concern. Mr. McBayer raises and trains dogs. He wanted to make sure he could continue with his business since they were considered livestock. Mr. McBayer also inquired about the discharging of fire arms. Council indicated this was not a problem since it would be grandfathered except the discharging of fire arms. Mayor informed Mr. McBayer that this was against State Law. He inquired as to discharging blanks. Benny Erwin, Chief of Police, advised he did not know; however, he would get him an answer. The last opposition to the annexation came from Joseph Powell. He expressed some concerns over his utility bills. The Mayor advised him to come to the office tomorrow and meet with Mr. Keesler and Rose to discuss his bill. 6. Consider and Possible Action to Approve Ordinance No. 16-97 Regarding Franchise AgreerMnt between- Dentin Cou-nty Ce-Op and the City of Sanger. Discussed was the report that has not been received regarding Revenues collected. Motion was made by Councilman Kincaid to Approve Ordinance No. 16-97 and Accept the 4 % Franchise Agreement. Seconded by Councilman James. Motion Carried unanimously. CC MINUTES 12/01/97 7. Consider and Possible Action to Award Bid on Electrical Supplies for loth Street Project. Sanger. A total of three bids were received as follows: Techline Temple Wesco $35,991.10 $38,365A4 $37,891.01 Staff recommended low bid form Techline in the amount of $35,199.10 for the loth Street Project. Motion was made by Councilman Jenkins to Accept the Techline bid in the amount of $35,199.10. Seconded by Councilman Kincaid. Motion Carried unanimously. 8. Executive Session Pursuant to the Open Meetings Law, Chapter 551, Govt. Code, Vernon's Texas Codes Annotated, in Accordance with the Authority Contained in Govt. Code Section 551.072 Deliberation Regarding Real Property. a) Consider Sale and/or Lease of Real Property. Mayor Coker Convened Council into Executive Session at 8:40 p.m. 9. Reconvene into Regular Session and Consider Action, if any, on the above item. No Action Taken. The AT&T Representative was present and addressed Council. He gave a brief summary on the installation of the equipment on the tower. Mr. Steinweg advised they could not increase the amount of what has been originally proposed for the space. Council advised it would be on the next Council agenda. 10. Any Other Such Matters. 1) Councilman Jenkins addressed the report that Chief Erwin submitted on the false burglary alarms. CC MINUTES 12/O1/97 IIj Councilman Jenkins requested a copy of the ordinance from the City of Dallas that is used in regards to false alarms. The City needs to address the problem. Councilman Jenkins stated the common practice is to allow two false alarms plus any actual. Anytime after the first two false alarms the City needs to charge. City Administrator directed to work on this matter and come up with a solution. 2) Mr. Keesler informed Council of the Christmas Tree Lighting and Parade at the park on the 4th and the Chamber Open House on the llth. 3) Jeff Morris also extended an invitation to Council to attend the Fire Department's banquet on the 13th which is being catered by Cattle Rustlers. And then also to the City's Christmas Banquet on the 19th. 11. Meeting Adjourned. {t j.-, y rr:•JI f 1 : my, t-hty� n-f+li}' I I! 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Sdyqj�B ddRy9yPI w !S I I, P £ 9 d:3 AyHGT gm.Ar JHS I y9 , 1- R 13 1 Seyy O iy,S m«JE I m lQa « 7R Ur S G\ w iCem mLL F S �:W E S,ly,m .ram y79gy�$ dyad 4. Consider and Possible Action on Adoption of Annexation Ordinance No. 17-97 and Service Plan of a certain tract or tracts of land as described below: The adoption of the Ordinance and Service an are the final steps to the annexation process. The Ordinance and Service Plan are not complete at this time but will be provided to you with your newsletter tomorrow. CITY OF SANGER, TEXAS ORDINANCE NO. 17-97 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF SANGER, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. WHEREAS, said territory proposed to be annexed is within the City's extraterritorial jurisdiction and is contiguous to the City; WHEREAS, the City is currently providing both water and sewer services to said territory; WHEREAS, the City has prepared a service plan for said territory which is attached as Exhibit "A" to this ordinance; WHEREAS, the City has published notice of hearings on said annexation and held hearings as required by state law, and WHEREAS, after hearing arguments for and against the same the governing body has voted to annex said territory into the City under authority of Section 43.033 of the Local Government Code. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANGER, TEXAS: Section 1: That the territory hereinafter described is hereby annexed into the City, and that the boundary limits of the City are hereby extended to include said territory within the City limits and the same shall hereafter be included within the territorial limits of said City, and said land and the future inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the city and shall be bound by the acts and ordinances of said city. ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT 1241, DENTON COUNTY, TEXAS AND BEING A PART OF A CERTAIN CALLED 100.00 ACRES CONVEYED IN TWO TRACTS BY R.E. GENTLE TO BILLY E. GENTLE, ET UX, ON AUGUST 18, 1969, AS RECORDED IN VOLUME 590, PAGE 100, DEED RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CC ORD. 17-97 PAGE 2 BEGINNING at a fence corner in the South boundary line of said Tierwester Survey, same being the North boundary line of the G. Key Survey, Abstract 717, said being the Southeast corner of Tract Two described in the above mentioned deed, and said point also being South 88 degrees 14 minutes 09 seconds East, 1794.232 feet from the Southwest corner of said Tierwester Survey; THENCE North 88 degrees 14 minutes 09 seconds West, with said Survey lines and along or near a fence 256.318 feet to an iron pin for a corner; THENCE North 1 degree 45 minutes 51 seconds East, parallel to the East line of the above mentioned Tract Two, 2163.2 feet to a point for a corner in the North line of said Tract Two in an East-West public road; THENCE South 88 degrees 14 minutes 09 seconds East, with the North line of Tract Two, and in said public road, 256,318 feet to a point for a corner; THENCE, South 1 degree 43 minutes 51 seconds West, parallel to the East line of said Tract Two, 2163.2 feet to the place of beginning and containing in all 12.7288 acres of land. ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT 1241, DENTON COUNTY, TEXAS; AND BEING PART OF A CERTAIN CALLED 100.00 ACRES CONVEYED IN TWO TRACTS BY R.E. GENTLE, TO BILLY E. GENTLE, ET UX, ON AUGUST 18,197% AS RECORDED IN VOLUME 590, PAGE 1009 DEED RECORDS OF SAID COUNTY; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a fence corner in the South Boundary line of said Tierwester Survey, same being the North Boundary line of the G. Key Survey, Abstract 717, said being the Southeast corner of the Tract Two described in the above mentioned Deed, and said point also being SOUTH 88° 14' 09" East, 2050.55 feet for the Southwest corner of said Tierwester Survey; THENCE North 88° 14' 09" West, with said survey lines and along or near a fence 256.318 feet to an iron pin for a corner, THENCE North 10 43' 51" East, parallel to the East line of the above -mentioned Tract Two, 2163.2 feet to a point for a corner in the North line of said tract in an East-West Public Road; THENCE South 88° 14' 09" East, with the North line of tract two, and in said Public Road, 256.318 feet to a point for a corner; THENCE, South 10 43' 51" West, with the East line of said Tract Two, along or near a fence, 2163.2 feet to the PLACE OF BEGINNING and CONTAINING in all, 12.7288 acres of land, more or less. CC ORD 17.97 PAGE 4 THENCE North, 160.00 feet with said fence line to the PLACE OF BEGINNING, and CONTAINING 0.808 acres of land. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. TIERWESTER SURVEY, ABSTRACT 1241, DENTON COUNTY, TEXAS BEING PART OF A CERTAIN (CALLED) 90 ACRE TRACT DESCRIBED IN A DEED FROM S. F. KEETON TO R. M. COLE, ET UX, ON AUGUST 11, 1955, RECORDED IN VOLUME 412, PAGE 567, DEED RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING at a steel pin in a fence on West Boundary line of said 90.0 acre tract at a point South 380.0 feet from Northwest corner of said tract, same being Southwest corner of a certain 0.808 acre tract described in a Deed from R. M. Cole, et ux, to John M. Forrest, III, on July 2, 1968, recorded in VOLUME 568, PAGE 524, Deed Records of said County; THENCE East with South Boundary line of said Forrest Tract, 210.0 feet to a steel pin; THENCE South, 320.79 feet to a steel pin in a fence; THENCE North 89° 16' 19" West 210.02 feet to a fence corner on West Boundary line of said 90 acre tract; THENCE North with said fence and West Boundary line of said tract, 318.12 feet to the PLACE OF BEGINNING, CONTAINING in all 2.348 acres of land. BEING LOT 1 IN BLOCK 1 OF DOUBLE TWINS ADDITION, PHASE 2, AN ADDITION TO THE CITY OF SANGER, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 73 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241, DENTON COUNTY, TEXAS, BEING PART OF A TRACT DEEDED BY THOMAS CARROLL MOORE ET AL, TO DORWIN LEE SARGENT ET AL, ON THE 26TH DAY OF MAY, 1983, RECORDED IN VOLUME 1220, PAGE 793, DEED RECORDS OF SAID COUNTY, AND BEING MORE FULLY DESCRIBED AS FOLLOWS. COMMENCING at the Northwest corner of said Sargent tract at an iron pin in Belz Road; THENCE North 89° 34' S8" East with the middle of Belz Road a distance of 664.27 feet to the Point of Beginning; THENCE North 89° 34' 58" East a distance of 112.668 feet to an iron pin; THENCE South 25° 02' 00" East a distance of 56.0 feet to an iron pin; THENCE North 89° 34' 58" East a distance of 60.0 feet to an iron pin; THENCE South 00° 13' 37" East a distance of 599.76 feet to an iron pin; CC ORD 17.97 THENCE South 89° 34' S8" West a distance of 169.658 feet to an iron pin; PAGE 5 THENCE North 00° 30 S6" West a distance of 655.756 feet to the point of Beginning and containing 2.50 acres of land, more or less. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE M.R. BURLESON SURVEY, ABSTRACT 71, AND THE R.A. JOHNSON SURVEY, ABSTRACT No. 666, DENTON COUNTY, TEXAS, BEING THE RESULT OF A SINGLE TRACT IN SAID SURVEY CONVEYED BY A. COWLING TO A.G. SCHERTZ ON AUGUST 4,1961, RECORDED IN VOLUME 471, PAGE 667, DEED RECORDS OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING on the south line of the Schertz tract in the middle of Clear Creek on the East right of way line of U.S. Highway 77; THENCE North 03 62'00" West with said highway right of way 1794.2 feet to a fence corner on the North line of said Johnson Survey, THENCE South 88 17'00" East with a fence 382.8 feet to a fence corner; THENCE North 03 41'00" East with a fence 1462.4 feet to a steel pin on the North line of said Schertz tract; THENCE South 86 19'00" East with the North line of said tract 645.8 feet to the Northeast corner thereof in the middle of old U.S. Highway 77; THENCE South Ol 51136" West with the middle of said old highway and crossing the South line of said Burleson Survey and the North line of the said Johnson Survey, and leaving said old highway and continuing on the same course a total distance of 4024.0 feet to a corner in the middle of Clear Creek; THENCE up the middle of said Clear Creek, the following seven courses and distances: (1) South 82 17'00" West 74.7 feet; (2) North 70 27'00" West 110.4 feet; (3) North 48 52'00" West 325.3 feet; (4) North 34 49'00" West 395.8 feet; (5) North 2319'00" West 260.3 feet; (6) North 69 03'00" West 61.5 feet; and M South 88 01'00" West 54.3 feet to the place of beginning containing in all 72.146 acres of land, as surveyed and staked on the ground December 18, 1963, and February 1, 1965, by C.F. Ballard, Registered Civil Engineer and Public Land Surveyor. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN DENTON COUNTY, TEXAS, ABOUT 1 MILE SW OF THE TOWN OF BANGER, TEXAS, CONTAINING 71.53 ACRES, MORE OR LESS, AND CONSISTING OF THE FOLLOWING SURVEYS AND PARTS OF SURVEYS, TO -WIT: BEING OUT OF THE M.R. BURLESON SURVEY, CERTIFICATE 1149 A=71, PATENT 43, VOLUME 38, DATED MAY 16,1870, AND OUT OF THE R.A. JOHNSON SURVEY, CERTIFICATE 3860/5961, A-666, PATENT 1195, VOLUME 11, DATED MARCH 22, 1955, AND BEING A PART OF A CERTAIN 201-1/2 ACRE TRACT OF LAND WHICH WAS CONVEYED BY WARRANT DEED DATED AUGUST 4, 1961, FROM CC ORD 17-97 PAGE 6 MATTIE COWLING, A FEME SOLE, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF A. COWLING, DECEASED, TO A.G. SCHERTZ AND WIFE, WYNEMA JUNE SCHERTZ, AS SHOWN OF RECORD IN VOLUME 471, PAGE 667, DEED RECORDS OF DENTON COUNTY, TEXAS, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at "a uLt pin in a North and South public road, (now abandoned to the South) and being the most Western Northwest corner of the past mentioned 201-1/2 acre tract; THENCE S. 88° 06 E. along the N. boundary line of the 201-1/2 acre tract, a distance of 931.15 feet to a steel pin in the Westerly boundary line of I.H. 35E and being the Northwest corner of a certain 4.28 acre tract of land designed as Tract 29-2-A, in the right of way deed dated February 29, 1956, from A. Cowling, and wife, Mattie Cowling, to the State of Texas, which is shown in record in Volume 400, page 191, Deed Records of Denton County, Texas; THENCE S. 02° 50' E. along the Westerly boundary line of I.H. 35E and the Westerly boundary line of the past mentioned 4.28 acre tract, a distance of 3021.00 feet to a point for corner in the center line of Clear Creek, and being in the South boundary line of the past mentioned 2014/2 acre tract; * THENCE S. 57° 7' S0" W. along the thread or center line of Clear Creek, 289.98 feet to a point at which said creek intercepts the center line, or thread, of Duck Creek, THENCE along the center line meanderings of Duck Creek, and the Southwesterly boundary line of the past mentioned Cowling to Schertz 201-1/2 acre tract, the following courses and distances: (1) n. 31° 06' 30" W. 78.25 feet; (2) N. 09° 04' 50" E. 120.7 feet; (3) N. 22° 14' 50" W. 88.21 feet; (4) N. 61° 44' 30" W. 374.5 feet; (5) S. 77° 20' W. 117.11 feet; (6) N. 770 22' 20" W. 122.4 feet; (7) N. 31° 48' W. 152.00 feet; (8) N. 15° 13' 50" E. 127.5 feet; (9) N. 35° F W. 139.41 feet; (10) N. 74° 2' 40" W. 76.78 feet; (11) S. 79° 34' 20" W. 115.51 feet to a point in the West boundary line of the R.A. Johnson Survey, and being the most Western Southwest corner of the past mentioned 201-1/2 acre tract, said point also being in approximate center line of an old abandoned road crossing; THENCE N. 02° 33' 40" E., along the West boundary line of the 201-1/2 acre tract, and passing the Northwest corner of the R.A. Johnson Survey and Southwest corner of the M.R. Burleson Survey, continuing on said course, a total distance of 2575.32 feet to Point of Beginning, and containing 71.53447 acres of land. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE MCKINNEY AND WILLIAMS SURVEY, ABSTRACT No. 940, AND M.R. BURLESON SURVEY, ABSTRACT No. 71, DENTON COUNTY, TEXAS, BEING PART OF A CERTAIN 100 ACRE TRACT DEEDED BY T.W. MCDANIEL TO JACK E. BROOKS ON OCTOBER 5,1946, RECORDED IN VOLUME 321, PAGE 120, DEED RECORDS OF DENTON COUNTY, TEXAS, THIS TRACT LYING EAST OF OLD HIGHWAY 77 AND APPROXIMATELY ONE HALF OF THIS TRACT BEING WITHIN THE CORPORATE LIMITS OF SANGER, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CC ORD. 17-97 PAGE 7 BEGINNING on the West line of 100 acres in the middle of old Highway 77 at a point in 608.5 feet from the Southwest corner of said 100 acre tract; THENCE North with said West line in the middle of said old Highway, 715.18 feet to a corner; THENCE East and crossing the East line of said Burleson Survey which is the West line of said McKinney and Williams Survey, with a fence 913.6 feet to a steel pin at a fence corner; THENCE South 715.18 feet to a steel pin; THENCE West and recrossing said survey line 913.E feet to the place of beginning containing 15.00 acres of land, of which 3.22 acres is in the said Burleson Survey, and 11.78 acres is in said McKinney and Williams Survey. Section 2: That the municipal service plan for the herein annexed territory provided for in Exhibit "A" attached hereto is hereby adopted. Section 3: That the city secretary is hereby directed to file with the county clerk and other appropriate officials and agencies, as required by state and federal law and city annexation procedures, a certified copy oA this ordinance. PASSED by an affirmative vote of the City Council Governing Body of the City of Sanger, this 15th day of December, 1997 APPROVED: John W. Coker III, Mayor ATTEST: Rosalie Chavez, City Secretary EXHIBIT "A" CITY OF SANGER, TEXAS ANNEXATION SERVICE PLAN BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 204, DENTON COUNTY, TEXAS BEING 12.6408 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 205, DENTON COUNTY, TEXAS BEING 12.64 ACRES OF LAND, SUBJECT TRACT BEING LOCATED OFF DUCK CREEK ROAD, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 206, DENTON COUNTY, TEXAS BEING 0.918 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 207, DENTON COUNTY, TEXAS BEING 0.808 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - TRACT 208, DENTON COUNTY, TEXAS BEING 2.348 ACRES OF LAND, SUBJECT TRACT BEING LOCATED ON DUCK CREEK ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE DOUBLE TWINS ADDITION, PHASE 2, LOT 1, DENTON COUNTY, TEXAS, SUBJECT TRACT BEING LOCATED AT 808 N. KEATON. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HENRY TIERWESTER SURVEY, ABSTRACT 1241A - PART OF TRACT 45, DENTON COUNTY, TEXAS BEING 0.650 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 4799 BELZ ROAD, BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE McKINNEY WILLIAM SURVEY, ABSTRACT 940A - TRACT 7, DENTON COUNTY, TEXAS BEING 2.00 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1200 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71 BURLESON - TRACT 7, DENTON COUNTY, TEXAS BEING 22.11 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1201 COWLING ROAD. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 71 BURLESON - TRACT 26, DENTON COUNTY, TEXAS BEING 29.051 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1901 S. STEMMONS. EXHIBIT "A" PAGE 2 BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE ABSTRACT 940 McKINNEY & WILLIAMS - TRACT 5A (BOTTOM HALF), DENTON COUNTY, TEXAS BEING 3.93 ACRES OF LAND, SUBJECT TRACT BEING LOCATED AT 1012 COWLING ROAD, INTRODUCTION This service plan has been prepared in accordance with V.T.C.A., Local Government Code, Sections 43.033 and 43,056, Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the city at the following levels and in accordance with the following schedule: POLICE PROTECTION Patrolling, responses to calls, and other police services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided within ten (10) days after the effective date of the annexation at the same level as provided throughout the city. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. Maintenance of water and wastewater facilities will be continued to be maintained immediately after the effective date of the annexation on the same basis and at the same level as provided throughout the city. EXHIBIT "A" PAGE 3 Maintenance of roads and streets and drainage will be provided within sixty (60} days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. STREET LIGHTING Street lighting will be made available within sixty (60) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. MAINTENANCE OF CITY PARK AND RECREATION FACILITIES If any city park and recreation facilities are located within the annexed area, they will be maintained within sixty (6) days after the effective date of the annexation on the same basis and at the same level as similar facilities are maintained throughout the city. OTHER SERVICES Other services that may be provided by the city such as planni ng, code enforcement, animal control, library, park and recreation, court, and general administration will be made available within sixty (6) days after the effective date of the annexation on the same basis and at the same level as provided throughout the city. Construction of needed water, sewer, street, and drainage facilities will begin within two (2) years after submission of written request by landowners and payment of any development fees and construction costs required by the city in accordance with subdivision regulations and water and sewer extension policies. Construction will be completed within four and one-half (4-1/2) years after request unless the construction process is interrupted by circumstances beyond the control of the city. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with V.T.C.A., Local Government Code, ch. 395. Construction of other capital improvements shall be considered by the city in the future as the needs dictate on the same basis as such capital improvements are considered throughout the city. 1D) 40A 0i 1 Nothing in this plan shall require the city to provide a uniform level of full municipal services to each area of the city, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels A service. TERMS This service plan shall be valid for a term of ten (10) years unless the majority of landowners or registered voters of the area vote by petition submitted to the city for disannexation, then this service plan shall no longer be binding upon the city. 1 1 1 The plan shall not be amended unless public hearings are held in accordance with V.T.C.A., Local Government Code, Section 43.052. 5. Consider and Possible Action Regarding Texas Waste Management Rate Increase. Attached for your review is a requested rate increase from Texas Waste Management. Texas Waste Management P.O. Box 719 1601 Waste Management Boulevard Lewisville, Texas 75067-0719 214/315-5400 • 800f772=8653 (Texas Only) Sherman,Texas 903/893-3813 • 800/782-9845 (Texas Only) November 5, 1997 The Honorable Mayor and Council City of Sanger 201 Bolivar Street PO Box 578 Sanger, Texas 76266 RE: Price Increase Request Dear Mayor and Council: A Waste Management Company Texas Waste Managemern is committed to providing you with the best possible service in the industry. Our ssion i mis to continue to be the best. In accordance with the terms of our contract ,dated December 20, 1993, I respectfiilly request a rate increase to be effective January 1, 1998. The increase amount will be $0.10, which is made up of 1.1% August 1997 Consumer Price Index average for the last twelve (12) months in the DFW area. I have enclosed a copy of the CPI Statistical Sheet and a new rate schedule effective January 1, 1998. I am requesting to be on your December 15, 1997 council meeting agenda. Please let me know if the date is acceptable. Texas Waste Management sincerely appreciates the opportunity to serve the City of Sanger. We look forward to continuing to provide your community with the highest quality, responsive service. Sincerely, Public Sector AJ/dlm enclosures a division of Waste Management of Texas, Inc. 525 Griffin Street Room 221 Dallas, Tx 75202 aureau of Labor Southwest Statistical Summary Statistics July -August 1997 Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, Dallas -Fort Worth, and Houston-Galveston-Brazoria August 1997 1982-84=100, not seasonally adjusted) U.S. City Average: Dallas -Fort Worth: Houston -Galveston: Percent change: Percent change: Percent change: INDEX ITEMS Index 12-Month 1-Month Index _ 2-Month Index 12-Month 2-Month All Items 160.8 2.2 0.2 151.2 1.1 -0.1 145.4 1.8 0.4 Food and beverages 158.1 2.5 0.4 157.4 3.1 0.2 148.3 2.6 0.7 Food 157.E 2.5 0.4 155.1 3.5 0.2 147.9 2.5 0.5 Food at home � 158.5 2.4 � 0.5 148.0 2.6 -0.1 155.3 1.6 0.5 Cereals &bakery products 1/ 178.6 2.1 0.2 164.E 2.2 3.2 172.4 5.4 3.3 Meats, poultry, fish, &eggs 1/ 149.1 2.4 0.6 139.5 1.7 -1.3 144.5 0.6 -1.2 Dairy products 1/ 143.4 -0.8 0.1 142.2 -2.7 -4.8 139.4 -2.8 -1.2 Fruits and vegetables 1/ 187.3 2.9 1.5 158.4 2.3 0.8 180.7 -0.3 -0.4 Other food at home 1/ 148.7 3.8 0.1 145.8 6.7 0.9 153.8 4.5 2.2 Food away from home 157.4 2.8 0.2 166.8 4.6 0.7 135.9 3:8 0.7 Alcoholic beverages 163.2 2.7 0.2 182.5 0.5 0.6 150.0 4.3 2.2 Housing 2/ 157.E 2.3 0.1 138.2 0.5 -0.6 126.4 1.3 0.6 Shelter 177.5 3.0 0.3 145.4 3.8 0.8 139.7 1.5 0.7 Renters' costs 1/ 3/ 189.1 3.1 0.4 153.3 3.5 1.4 142.5 0.5 0.2 Homeowners' costs 1/ 3/ 182.2 2.9 0.3 151.3 3.8 0.7 136.1 2.1 1.0 Fuel and other utilities 2/ 131.4 1.5 -0.5 124.8 -7.0 -6.6 111.4 2.0 -0.7 Gas (piped) and electricity 126.7 0.5 -0.9 114.7 -14.8 -12.3 109.1 3.9 -0.7 Electricity 137.5 -0.4 -0.7 114.0 -17.3 -17.2 114.4 3.2 -0.9 Utility (piped) gas 110.0 2.7 -1.3 117.3 -9.3 -0.3 94.3 6.8 0.0 Household furnishings/operation2/ 125.2 0.3 -0.3 133.0 -3.5 -0.4 109.E -0.1 1.4 Apparel and upkeep 130.0 1.5 -0.2 135.4 -3.6 -1.4 139.9 3.4 1.4 Transportation 143.8 0.7 0.1 143.1 1.3 -0.1 14b.9 0.4 -0.4 Private transportation 140.8 0.6 0.5 144.9 2.0 0.5 141.2 1.1 0.3 Gasoline 107.4 1.2 3.8 105.7 0.6 1.1 106.0 3.6 3.4 Public transportation 1/ 183.4 1.1 -3.2 124.4 -8.8 -9.3 170.E -6.6 -7.4 Medical care 235.2 2.6 0.2 226.7 1.5 1.1 229.3 3.4 0.6 Entertainment 4/ 163.0 2.4 0.2 169.6 4.1 1.3 162.3 2.1 -0.6 Other goods and services 2/ 225.7 4.3 1.0 205.3 3.1 1.0 197.7 2.5 0.3 Special Indexes: All items less shelter 155.9 2.0 0.2 153.9 0.3 -0.5 146.9 1.9 0.3 Energy 112.5 0.8 1.0 110.2 -7.5 -5.9 107.3 3.6 1.3 All Items (other base) 5/ 481.6 474.2 466.4 Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) Allltems 157.8 2.1 0.2 151.1 1.1 -0.2 144.9 1.9 0.6 All Items (other base) 5/ 470.0 465.8 462.E 1/ TL:_ :_d_._ _ - � �,�� �� ��_�. ��� �C� wm nv winger appear aver uecember, 1997. 2/ This index series will undergo a change in composition in January, 1998. �/ Indexes on a December 1982 = 100 base. 4/ This index series will no longer appear in its present form after December, 1997 � , t 5/' Indexes on a 1967 = 100 base. �> ��" �� CITY OF BANGER RATE SCHEDULE EFFECTIVE JANUARY 1, 1998 2 pickups per week in cans/bags Hand Pick Up, Maximum 3 containers 3YD 1X/WEEK $ 36.56 $ 45.70 $ 62.83 $ 78.82 2X/WEEK $ 62.83 $ 78.82 $125.65 $142.78 Extra Pick Up $ 16.90 $ 20.08 $ 22.19 $ 39.10 ROLL -OFF RENT DELIVERY COST PER PULL City Convenience Center RENT DELIVERY COST PER PULL C:\WPFH,E9\AI.\RAT9CH99.9AN 30YD $ 68.54 $ 85.67 $331.26 $ N/C $ N/C $268.43 { , ,, � i-F � C- �J � �.J I Jt :l� V� P P P ,� �n n� i ...:: er >> -{ c ,: w ' ... �_ � �i � t i �� ii } °' i Q r� h� '-1 ( J -i --� m < �- a o �m i � �� w c a �n •-+ z -i Ga � m z m 0 a �r������ � t � rtw"i 4rto oc x W Cfi �L�pn� �:."U T Tr (ti -i CJI 3 �O W 4w G Ln cc, t ( ( #09 C m W ro -- � w.: W m Q .may AT&Th' AT&T Wireless Services Suite 1000 17300 N. Dallas Parkway Dallas, TX 75248 November 14, 1997 972 407-6100 Larry KeislerI City Manager City of Sanger 201 Bolivar Sanger, TX. 76266 Dear Larry: We are pleased to offer, for your consideration, a proposal for an option to place wireless communications antennas on your water tower located on the West side of Interstate 35. The following information outlines our proposal. 1. Type of facility - We will install two panel antennas on or near the outside of the catwalk at approximately 100 feet from the ground. (These antennas will be installed in such a way as to NOT interfere with any use or function of the water tower.) In addition to the antennas on the water tower, we will install an equipment shelter measuring approximately 2.7 feet X 5.3 feet X 6 feet on the ground below the water tower at a mutually agreed location. We would install this enclosure on a concrete pad of 4 feet X 8 feet dimensions. (if the area below the water tower is normally locked, we will require a key for access and will not fence our equipment. However, if the water tower area is not fenced, we will install an 8 foot fence around our equipment.) 2. Term -Five year term with 5, 5 year renewal options. 3. Rent -1st five years, $500.00/mo., increasing by 15%with each renewal. 4. Utilities - We will pay all utilities associated with this facility. Metering will be on a prime basis to AT&T WPa 5. Construction cost All expenses will be paid by AT&T WS. 6. Timing - We wish to consummate this agreement within the next 10 days if at all possible. We are considering other options, but wish to offer the City of Sanger the first opportunity. I believe the above points address the major issues related to this site. If other questions arise, please let me know. I have enclosed photos of two other water tower sites we have installed as well as schematics of the equipment enclosure we will be using. The enclosed water tower option and lease agreement is provided for your study and questions. Once we have answered questions and have agreement, 1 will customize a license agreement with the specifics of your location and ownership. This document is a proposal. A I I WS, prior to execution of an agreement, may remove, cancel or decline further interest in consummating an agreement without penalty, cost or obligation. In closing, thank you for your willingness to consider our proposal. Your location is one of three we are considering, however, your location does represent our first choice. Please determine your interest as timing will be a factor in our ultimate selection. We look forward to answering questions and pursuing this process to a meaningful conclusion. Sincerely, Bob Steinweg Real Estate Coordinator